Disclosure of the Deceased

By:  Christen Campbell

Okay, so I know this is a weird title.  And I don't want to creep anyone out... so if you're weary of topics like this, you may now be excused.  Fair warning!

I learned something today and I wanted to share!

Did You Know?
I've been in real estate 6 years now and I feel like I learn something new at least once a week.  Just today, I had my buyer call me about something she just heard (through the grapevine) about a house we have under contract.  It's not that the house was flooded, or that there was once a fire in the house, nope, it's much more unusual than that.  Rumor was someone had died in the house two ownerships ago... Back in the late 90s.

What's most interesting about this is that I often have people ask me if I know whether or not anyone has ever passed away in the house... and honestly my answer has always been no.   It's not typical that we would even ask that to a seller.  But in this case, my client heard it through a third party, so without even wanting to hear it, she did.  And now.... she knows.

Move Forward or Walk Away
Now first, I'll tell you that she and her husband talked it over thoroughly and decided to proceed with the sale.  After all, it was years ago and any other house could have the same circumstances but you may never know.  That is a personal decision.  Each and every one of my buyers will get the same answer from me... "I will respect whatever choice you make and more than anything, I want you to be comfortable with your home".  It's not my job to decide for them... But it's my job to give them the proper information to make a educated decision for themselves.

Future Disclosure:
So our next pertinent issue was the obligation to disclosure to future buyers.

"Do we need to disclose this when we sell our house?" she asked.

My first answer was no... there is no federal law mandating a disclosure about someone passing away in the home. And in the State of Virgina, it's not considered a material defect of the home.

But there is the question of "well what if someone asks?"  And the answer is simple... honesty is always the best policy.  The answer in this particular case is simple.. If you are asked, a good and honest answer would be "I have heard that perhaps a few owners ago there may have been a death, but I don't have any immediate information on any situations".   Now every case is different, but my client doesn't have any specifics and doesn't even know for sure whether the information is accurate.

So bottom line, in Virginia, a seller does not have to disclose up front about whether or not someone has past away in the house.  But if asked, their answer should be honest.

I'll apologize again of the hard hitting subject, but it's a surprisingly hot topic.  And now you know... And as G.I. Joe would say, "knowing is half the battle"!



*We're licensed in the state of VA.  We operate under VA State Law... other states may be different.  If you live outside of VA and need assistance, contact us to help you find a real estate agent in your area who can give you more local information.